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AUGUST 5, 1997 7:00 PM REGULAR CITY COMMISSION MEETING HELD AT CITY HALL COMMISSION CHAMBERS
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM.
Item #2 - Invocation The invocation was given by Dr. Harry Berger, Beth Judah Messianic Congregation.
Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance.
Item #4 - Approval of Minutes Mayor Hood advised the minutes of the July 22, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.
Commissioner Schecter moved, seconded by Commissioner Boyle, to approve the minutes as submitted.
Item #5 - Audience Remarks Chamber of Commerce Issues Mr. John Connors, Executive Director, Ormond Beach Chamber of Commerce, expressed his appreciation for the support provided by the City’s staff and the commitment of the Commission for the recent Jazz Matazz.
Regarding the Jazz Matazz task force, Mr. Connors reported that a letter is being sent to the City Manager identifying the four (4) participants from the Chamber of Commerce, along with a request to begin the meetings as quickly as possible.
Mr. Connors asked for the City’s support in an effort to better inform the public on the issues affecting the City of Ormond Beach by allowing the Chamber of Commerce to host a public debate between the candidates who are up for election. He advised this debate would be held in the City Commission Chambers, on September 23, 1997. There being no opposition, Mayor Hood approved Mr. Connors request.
Item #6 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately.
Mayor Hood reported Item No. 6(D) is being continued to the next meeting. Commissioner Boyle asked that Item Nos. 6(H) and 6(I) be discussed separately.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of the Consent Agenda minus Item Nos 6(D), 6(H) and 6(I).
Item #7(H) - Cost-of-Living Increase for Grounds Maintenance Services
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-151, as read by title only.
Commissioner Boyle asked for clarification that this increase would not apply to the maintenance of the medians on SR40. He questioned if The Bon Terre Group is required to provide the City any documentation of increased cost on their part. Mr. Ted MacLeod, Public Works Director, stated they are not required to document increased cost under this provision, although there is a provision that for anything over and above this standard provision, Bon Terre would have to document increased costs.
Call Vote: Commissioner Kelley yes Commissioner Persis yes Commissioner Boyle yes Commissioner Schecter yes carried. Mayor Hood yes
Item #6(I) - Cost-of-Living Increase for Right-of-Way Mowing Services
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-152, as read by title only.
Commissioner Boyle stated that a previous company had this contract, and Bon Terre was assigned the contract in December; 1996, thus they have been fulfilling the contract for only seven (7) months. He recommended approving the increase, for one time only, to take effect January 1, 1998. Mayor Hood stated the October effective date is dictated by contract. Mr. Fred S. Disselkoen, Jr., City Attorney, advised the only alternative would be to reject the contract entirely. Commissioner Boyle recommended denial of the resolution.
Commissioner Schecter agreed the timing is not good and he has concerns regarding the continued performance of the contractor; however, the Commission has no alternative at this time.
Mayor Hood asked staff if the performance of the contractor to this point has been satisfactory, and Mr. MacLeod advised staff has been very satisfied with The Bon Terre Group’s performance.
Item #7(A) - Traffic Issues
Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #7(A). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-46, on second reading, as read by title only.
Item #7(B) - Final Plat of Unit VIII "Ormond Lakes"
Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #7(B). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-47, on second reading, as read by title only.
Item #7(C) - Vacating Rights-of-Way Within "Ormond Lakes"
Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #7(C). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-48, on first reading, as read by title only.
Item #7(D) - Shopping Centers
Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #7(D). The motion carried unanimously.
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-49, on first reading, as read by title only.
Item #7(E) - Daily Needs Retail Sales and Services
Commissioner Persis moved, seconded by Commissioner Kelley, to close the public hearing on Item #7(E). The motion carried unanimously.
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-50, on first reading, as read by title only.
Commissioner Persis questioned if tattoo shops and massage parlors are included in the definition of personal services. Mr. Jim Burnett, Planner, stated that the definition for daily needs was taken from the personal services definition, and tattoo shops are covered under a separate ordinance. Mr. Disselkoen explained personal services includes bakeries, beauty salons, barber shops, convenience food stores, drug stores, florist, hardware stores, laundromats, etc. He further explained this is not a free standing use but must be tied into another building; it is limited to 2,000 square feet and cannot exceed 20% of the total gross floor area.
Commissioner Persis asked if the shop can have its own sign in front. Mr. Disselkoen stated a sign is permitted subject to the sign regulations. Commissioner Persis questioned if a shop would have its own entrance door from outside or use the same entrance that is used to enter the main portion of the building. Mr. Disselkoen stated that in most cases, they would have their own entranceway although there is nothing to preclude them from entering through the main portion of the building.
Item #8 (A) - Business Signs in the Granada/Bovard Streetscape District
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-51, on first reading, as read by title only.
Commissioner Boyle stated he is in favor of retaining the stricter signage requirements until all the Streetscape signage regulations undergo a comprehensive review, and the RFP process will address this review. Commissioner Boyle stated that the national businesses tend to get the changes requested, but the small businesses do not. He noted the Planning Board was divided 4:3 on this issue.
Commissioner Schecter stated that Land Development Code changes are normally not site specific, but this change deals with only one particular property, and he cautioned against setting a precedent. Commissioner Schecter urged the Commission to wait for the RFP process to address this issue.
Mr. Burnett stated that this is the first of two (2) readings on this item, and by the next reading the Conditional Use Permit application will be available for review. If this ordinance does not pass, the sign would have to be no higher than the sill the of the second story window. Mr. Burnett agreed this is the only site that would be affected by this ordinance.
Commissioner Kelley supported the ordinance because it did come with a 4:3 vote from the Planning Board. Commissioner Kelley stated he does not believe the ordinance is site specific in that it affects the entire area, and this property just happens to be the only property within the area that falls into this category.
Item #8(B) - Final Plat of the Ormond Business Center" Subdivision
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-52, on first reading, as read by title only.
Item #8(C) - Issuance of Bonds for Acquisition of The Rivers Property
Commissioner Persis moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-53, on first reading, as read by title only.
Commissioner Boyle stated that on page 2 of the appraisal, the underlying assumption was that this property could be developed to 300 or 350 units. He stated that last fall when the City Commission considered this item, the Commission discussed increasing the density from 15 to 150 units, and on November 6, 1996, the Commission voted 5:0 not to increase that density. Considering this, Commissioner Boyle asked why there is a "reasonable probability" that the developers could develop 300 to 350 units.
Mr. Disselkoen stated that when he met with the appraiser and Planning Director, Clay Ervin, the appraiser specifically asked Mr. Ervin what, in his professional opinion, was the highest and best use for the property to determine the value. Mr. Ervin communicated to the appraiser that a large portion of the eastern part of the property was to be Open Space/Conservation and the balance would be SLDR which would allow the 300 to 350 units.
Commissioner Boyle questioned why the ballot question indicated "not exceeding $3.9 million" if the City has the potential of getting $2 million of State money. With the figure so high, Commissioner Boyle stated it would be more difficult to get the bond issue passed, and it may confuse the voter.
Mr. Disselkoen explained that once the bonds are sold, a closing must be held within a reasonable time, and the State may not be ready to close; therefore, the City needs the money in hand to complete the transaction. He advised that the Trust for Public Land has committed to promote the bond issue and educate the public, and Citizens for Ormond Beach, Inc., has also stated their support.
Commissioner Boyle stated he would be willing to give conditional approval of this ordinance on first reading since it has the potential to be a creative solution and it has the added feature that the voters would be making the decision.
Commissioner Schecter stated he shares some of Commissioner Boyle’s concerns; however, he had spoken to the appraiser regarding the phrase "reasonable probability" and had been assured that the City Commission’s previous 5:0 vote was taken into account. Therefore, he supported the ordinance and urged his fellow Commissioners to vote "yes" as well.
Item #8(D) - Beach "Straw Ballot"
The ordinance failed for lack of a motion.
Item #9(A) - Closing Time for Fortunato Park
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-155, as read by title only.
Commissioner Boyle stated that at the May 6, 1996, City Commission meeting the Police Department recommended the closing time for Fortunato Park be at sunset which is the normal closing time for most City parks that border residential areas unless those parks have ballfields or recreation centers. He also pointed out the relationship with Rockefeller Gardens Park at the Casements, stating both parks should have the same closing time, and The Casements side does not have lights. He noted the parks on the west side of the bridge close at midnight, which accommodates the fisherman who want to fish at night. Commissioner Boyle stated that on April 16th, when the concession stand/restaurant was still being considered, the Commission voted 5:0 to provide a buffer wall on the north boundary of the park; and if the park is to be opened until 10:00 p.m., this issue should be re-examined.
Commissioner Schecter supported the current resolution with the agreement that a buffer wall will be constructed prior to, or at the same time, the closing times are accepted.
Commissioner Persis stated that 10:00 p.m. seems to be reasonable with Daylight Savings Time in effect, but he expressed concern for when the time changes to Eastern Standard Time.
Commissioner Persis moved to amend the motion to close the park at 10:00 p.m. during Daylight Savings Time and 7:00 p.m. during Eastern Standard Time.
The motion failed for lack of a second.
Commissioner Schecter moved, seconded by Commissioner Boyle, to amend Section 4 to add "This Resolution shall take effect immediately upon completion of a buffer wall on the north boundary of Fortunato Park".
Commissioner Persis asked Mr. Disselkoen if the City is obligated to construct a buffer wall because of the City Commission’s previous vote. Mr. Disselkoen stated the wall was approved 5:0, and it is shown on the site plan.
Item 9(B) - Tomlinson Aviation, Inc., Lease Agreement
RESOLUTION NO. 97-156
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-156, as read by title only.
Item 9(C) - Contract for Purchase of "The Rivers"
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-157, as read by title only.
Mr. Disselkoen asked that the Commission authorize a letter to be sent to the Trust For Public Land retroactively authorizing actions taken as requested in their letter included in the Commission packet.
Commissioner Schecter moved, seconded by Commissioner Boyle, to authorize a letter to be sent to The Trust For Public Land authorizing the action taken.
Item #10 - Reuse Rate
Commissioner Boyle stated that the monthly rate for reuse water was raised from $10 to $16 at the end of 1995. He stated the Phase I customers were promised that the rate would be $10 and would not be raised, and this was part of the basis for the bargain when the people contracted for the water. Commissioner Boyle stated that Oceanside Country Club got their promise in writing; therefore, their rate is locked in for a number of years. He stated Phase I had an 80% participation rate under the old rate structure, and after one year of being on line, the new phase has a 40% participation rate which represents a significant difference. Commissioner Boyle stated that staff indicates that if the rate were cut to $12, 80% participation would be needed to avoid revenue loss, which is exactly what the City had under the original structure. He contended that the original rate structure was a successful model and was replaced by one that did not even meet staff’s modest 50% goal. He stated the new system fails the two most important goals: 1) to keep the effluent out of the river, and 2) to keep the drinking water off the lawns. He stated benefit and market analysis has been replaced with cost recovery analysis; however, the City still has the same cost to produce the effluent whether it is sold or not. Commissioner Boyle stated the market tells us that no Florida city charges over $12 for reuse water; and he suggested his colleagues who will attend the League of Cities Convention check with other cities to see if anyone charges more than $12 per month for reuse water. He stated that staff has reported the $215 hookup fee is the problem; but if the hookup rate was a problem, he questioned why 80% of the people in the first phase paid for hookup with the understanding that their monthly rate would be $10. He noted staff also stated that effluent is an inelastic demand, but there is a threshold for the demand which is determined by the point at which the customer begins to save on hooking up to the effluent as opposed to using City water. Commissioner Boyle also stated the rate hike and broken promise in Phases I and II have caused considerable ill will on the north peninsula. He stated the people who originally hooked up were the best ambassadors and salespeople for the system, but they are no longer functioning in that capacity. Commissioner Boyle stated that when the system was completed, the City repaved the streets, but a patchwork repaving was done that is also causing ill will toward the City. He stated the new survey is a positive step, but it is flawed in that it does not ask the customer who has not connected and is disinclined to connect if they would connect at the $12 or $10 rate. Commissioner Boyle stated that he favors a rate reduction to $12 or $10 per month; and as long as he is a Commissioner, he will review this issue until the rate is within the market in the State of Florida.
Commissioner Schecter stated support for alternative 2 which would set up a program for amortizing the connection fee to provide an additional marketing tool, and he suggested discussing this issue on the next agenda.
Commissioner Kelley stated that at the time the initial phase was implemented, Florida was in a dry period; whereas, in the last two (2) years Florida has been in a wet period and not using the water. He stated if staff is correct that the hookup fee is a problem, he would favor making it easier for those people to connect by supporting alternative 2.
Commissioner Persis favored waiting until the results from the survey are received in approximately two (2) months. Mr. Ted MacLeod, Public Works Director, stated that the preliminary reports indicate the hookup fee is too high. Mr. MacLeod stated the people who have shallow irrigation wells that are sufficient now, may connect when the wells go salt.
Mr. Miller stated that in the initial cost projection analysis, the City absorbed a tremendous amount of the initial capital cost from the system, and the City is not attempting to amortize that cost in the fee structure.
Mayor Hood stated he is of the opinion that the City had a very successful rate structure. He stated one of the main goals was to aid the environment by affording less discharge into the Halifax River, and if the City charged the rate to recoup the cost, it would be so high no one could afford to get reuse. Mayor Hood stated that all citizens should, therefore, pay a certain percentage of the cost because there is a general benefit to the community in aesthetics and the environment. Mayor Hood stated he agrees that the current rate structure is reasonable, but would favor alternative 2 of staff’s recommendations.
Commissioner Boyle again pointed out that staff has stated that at the lower rate, if the City had an 80% total connection, it would have the same revenue it now has under the current rate structure. He reiterated that with a fair monthly rate, the connection fee was never an obstacle.
Mayor Hood stated that if the rates were lowered and the 80% hookup is not achieved, it would be difficult to raise the rates again; therefore, there is a risk involved. He stated that if an 80% hookup is achieved, he would gladly review the rate again.
Commissioner Schecter moved, seconded by Commissioner Kelley, to set up a program for amortizing the connection fee and to place this issue on the next agenda.
Item #11 - Reports, Suggestions, Requests
Halifax Habitat For Humanity Commissioner Boyle applauded Mayor Hood for his successful efforts regarding the Halifax Habitat for Humanity. He noted the City has stayed on track for five (5) homes each year for the next five (5) years, which is a remarkable goal and success rate. Mayor Hood stated Glenn Sweeney deserves credit for having done a great deal of work on this program.
Fortunato Park Commissioner Kelley stated a constituent has informed him that the dock at Fortunato Park was slippery and wet with trash consisting mostly of remnants from cast nets and large boats have been moored at the launch area. He stated that although we all have a right to utilize the facilities, people should be respectful of other people’s rights to use it as well.
Sidewalk Master Plan Commissioner Persis asked Mr. MacLeod if the City is still on schedule with the Sidewalk Master Plan. Mr. MacLeod advised the City Sidewalk Master Plan is on target for late August.
Computer Purchase for Commissioners Mr. Eugene Miller, City Manager, stated that at the Capital Improvement Workshop there was a brief discussion about using computers to reduce paperwork by the City Commission, as well as for access to E-mail. Mr. Miller stated that according to the minutes of that meeting, the Commission indicated they did not want to purchase the computers on a Commission-wide basis; however, Commissioner Schecter has asked that the City purchase one (1) computer on a trial basis to see if it would increase productivity or reduce paper and staff effort.
Commissioner Boyle stated that since Commissioner Schecter will be out of town two (2) days a week, this may enable him to better keep abreast of City business.
Commissioner Schecter stated that this Commission has been supportive of trips taken by fellow Commissioners for educational purposes. He stated a computer would provide better access to his constituents through a new software program called "Constituent Tracker" that allows anyone to do constituent work such as E-mail and template letters. He stated the program is currently being used in Key West and other areas throughout Florida, and his ultimate goal would be to become completely interconnected with staff.
Commissioner Boyle stated his concern is that it would require considerable staff time to get this information onto the network.
Mayor Hood stated that all Commissioners have access to staff for secretarial support. He conceded it may have potential in the future, but it is ineffective at present.
Mr. Miller pointed out that the computer would be the property of the City for use by any Commissioner.
Commissioner Kelley did not support the purchase of a computer. He stated it is the responsibility of a Commissioner to stay in touch with their constituents, but if at some point information can be scanned into a computer instantly and the paper copy avoided, he would support it. The consensus of the Commission was not to purchase a computer for the Commission.
City Attorney Vacation Mr. Disselkoen advised he will be on vacation for the next week, and Randy Hayes, Assistant City Attorney, will be able to assist the Commission, if needed, during that time.
Item #12 - Close The Meeting
The meeting was adjourned at 8:10 PM. |
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